MPs want Supreme Court judges and JSC members probed over graft

MPs have demanded that a Supreme Court judge, a Court of Appeal judge and a chief magistrate leave their positions in a judicial commission to pave way for graft investigations.

Also to be probed for financial impropriety at the Judicial Service Commission (JSC) is a senior lawyer and two other committee members.

The MPs said last evening that the Ethics and Anti-Corruption Commission (EACC) should investigate Supreme Court judge Smokin Wanjala, Court of Appeal judge Mohammed Warsame and Chief Magistrate Emily Ominde.

Senior Counsel Ahmednasir Abdullahi, Rev Samuel Kobia and Prof Christine Mango will also face a probe for allegedly drawing illegal and irregular allowances when they served as commissioners after MPs endorsed a watchdog committee report.

In a drastic move, the MPs resolved the implicated JSC commissioners vacate office pending the outcome of investigations.

The lawmakers adopted the Public Accounts Committee (PAC) report on the special audit of JSC and Judiciary alongside amendments that required the six to be investigated.

The House also adopted a recommendation for former Judiciary Registrar Gladys Shollei to be investigated for her alleged role in the misappropriation of Sh2.2 billion during her tenure in office.

Justice and Legal Affairs Committee Chairman Samuel Chepkonga moved the amendment to have the EACC investigate the six former and serving commissioners.

Kiharu MP Irungu Kangata moved a further amendment requiring that serving commissioners vacate office pending the investigations. The House unanimously passed the two changes.

The report is also critical of Chief Justice Willy Mutunga’s leadership describing him as “a good example of a headless head of the Judiciary”.

heated exchanges

MPs also approved a recommendation that an independent consultant and relevant Government organ probe a security upgrade system installed by consultant Simiyu Werunga. Any money paid above what ought to have been paid be recovered from Werunga or the contractor, the MPs resolved.

An amendment proposed by Ugenya MP David Ochieng seeking to have JSC commissioners take personal responsibility for allowances paid to them for attending meetings convened without the knowledge and approval of the Chief Justice prompted heated exchanges.

Members were divided on whether the commissioners and the CJ should be surcharged for the monies lost.

Ochieng argued that an audit of all such meetings should be undertaken and the responsible commissioners surcharged.

Mutunga did not allow the allowances to be given to the commissioners and hence he cannot be held responsible, he added.

But MPs led by Chepkonga argued that Mutunga should be held to account.

And when the matter was put to vote, members passed to have the amendment removed meaning that Mutunga will not be surcharged for the money allegedly misappropriated.

Another amendment by Deputy Leader of the Majority and Taveta MP Naomi Shaban seeking to have the former Registrar of the Judiciary Lydia Achode, now a High Court judge, investigated for her role in the irregular procurement of offices at Mayfair Court Centre was also defeated.

Early last year, President Uhuru Kenyatta in a Gazette notice suspended commissioners Ahmednasir, Kobia, Mango, Warsame, Ominde and Florence Mwangangi for what was described as breaching the Constitution. But the gazette notice was subsequently nullified through a court order.

In the report tabled by committee chairman Nicholas Gumbo, PAC also made far-reaching recommendations touching on Mutunga, who was blamed for poor leadership, prompting the huge loss of money and general mismanagement of the Judiciary.

MANY CONCERNS

MPs noted that despite many concerns having been raised over misappropriation of funds, Mutunga took no step to ensure prudent financial management.

“He has lost control of the Judiciary. He is a good example of a headless head of the Judiciary. It is shocking that many meetings were held without his approval but he took no action despite being the head,” said Gumbo.

Mutunga, the committee further observed, had lacked or had limited experience to run a public office before he took over the reins of the Judiciary.

“Prior to his appointment to head the Judiciary, Mutunga had not been in charge of an institution of national outlook and this has proved to be a serious challenge,” added Gumbo.

The committee was of the opinion that the CJ should, like other commissioners, share responsibility in the losses incurred through shoddy deals and illegal allowances paid out to the same commissioners.

The report has been at the centre of controversy between the National Assembly and the Judiciary, with the Chief Justice snubbing summons by parliamentary committees.

Last week, Speaker Justin Muturi directed that Mutunga must appear before parliamentary committees whenever summoned.